Citation : 2025 Latest Caselaw 4926 Del
Judgement Date : 23 September, 2025
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.09.2025
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+ CRL.M.C. 6827/2025 & CRL.M.A. 28707/2025 STAY OF
PROCEEDINGS, CRL.M.A. 28708/2025 CONDONATION
OF DELAY IN RE-FILING
DAMAN PREET SINGH .....Petitioner
Through: Mr. Abhishek Pratap Singh,
Ms. Richa Dutt, Advs. with
petitioner in person.
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Ms. Kiran Bairwa, APP with SI
Deepak, PS Kotwali.
R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 241/2018, dated 08.08.2018, registered at P.S Kotawli, Delhi under Sections 380/411 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations made in the FIR, on 08.08.2018, petitioner stole a bundle of electric wires from respondent no. 2's shop after enquiring about it's price and was later apprehended. FIR No.
241/2018 was lodged at instance of Respondent no. 2 under sections 380/411 IPC against the petitioner.
3. During the course of proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 24.01.2025. Copy of the Settlement Deed dated 24.01.2025 has been annexed as Annexure P-2 (Colly).
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Deepak, from PS Kotawli.
5. Respondent no. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and he has no objection if the FIR No. 241/2018 is quashed against the petitioner.
6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 241/2018 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
8. Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC 675.
9. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto subject to petitioner depositing cost of Rs. 5,000/- with the Rangla Punjab Society [Account No. 005801022987] within one month.
10. The petition is allowed, and the FIR No. 241/2018, dated 08.08.2018, registered at P.S Kotawli, Delhi under section 380/411 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J September 23, 2025/ sk
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